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# Friday, May 06, 2005

It is odd to me that others think me odd for not pirating software, music, video games, movies, etc.  Yet it seems that I must be because virtually everyone I know does it and doesn't think anything of it, and when I get asked why I don't do it, which comes up more often than I'd like, I get the distinct impression that people think I'm crazy.  Now, I'm not writing to toot my own horn by any means; I'm writing in the hopes of bringing others around to my way of thinking because I think it is truth. 

When did it become okay to do something morally wrong just because nobody (apparently) is getting hurt?  When was the last time you went to a ritzy neighborhood, broke into a house, and stole, e.g., a nice piece of art?  Have you recently stolen someone's Bently or Ferrari?  Would you, if you could get away with it? 

I trust that most everyone would never think of doing one of these things, yet, morally speaking, there is no distinction between doing these things and pirating media.  They are all theft.  The reason I specifically mention "ritzy" and named pricey cars is that one of the oft-given rationalizations for piracy is something like "oh, but it's just a rich company" or "it doesn't hurt anyone--they've got more money than they know what to do with."  You see, in all probability, if someone lives in a rich neighborhood or drives a car worth over $100k, they can probably recuperate from such a loss, especially if they have insurance.  So why not just go steal from them?

The answer should be obvious to most, if not all, of us.  It is just wrong--you are stealing from those people.  So what if they're rich?  How rich does someone have to be for stealing from them to become okay?  Can we set an objective dollar amount so that we can all know from whom it is okay to steal?

Another rationalization is that "everyone is doing it."  Well, I have news: everyone is not doing it.  Even if everyone else in the world were, I am not, but I can assure you that I am not alone, even if I am in the minority.  And in any case, morality is not a matter of popular persuasion; it is the basis of civilization.

For those of the Judeo-Christian and Muslim persuasion, God has revealed that stealing is morally wrong in black and white--thou shalt not steal.  There are no qualifications, no ifs, ands, or buts.  No rationalizations.  God didn't say "thou shalt not steal unless the person/company is rich."  God didn't say "thou shalt not steal unless everyone else is doing it."  God didn't say "thou shalt not steal unless it seems to you that no one will be hurt by it."  God simply said "thou shalt not steal."  For us, there's no middle ground or waffling; stealing is a sin.

For those who don't believe in God or don't believe in divine revelation, they can simply consider it from a purely selfish perspective.  Human society requires that we have moral norms that protect individual dignity.  Part of that dignity is the right to believe how we choose to believe, so even if you believe in some radical communism or simply disbelieve in the notion of personal property, if you want to live in a rational, civilized society and have your human dignity protected, you need to respect that same dignity in others and seek to protect it for them.

For instance, if I believe in personal property, and I think that this keyboard I'm typing on is mine, you need to respect it out of the simple, selfish motivation that you want others to respect your own beliefs.  To do otherwise is to destroy the fabric of human society and civilization.  Without this mutual respect, there are no grounds for any kind of limit on what humans can do to each other; without it, chaos, war, and death will prevail.  This common respect for human dignity is the basis of all just law, which is simply a formalization of the principle into concrete and specific applications.

It is commonly held that a product belongs to its producer, and, as such, the producer has first rights to determine its use.  If the producer believes that it should be sold and for a certain amount, we should respect that belief and either purchase it at the price that the producer asks for it or simply refuse to buy it and otherwise not take or use it.  To take something against the owner's wishes is a violation of that person's human dignity and damages one's right to demand respect for one's own dignity from others; thus, not stealing is simply an expression of self-preservation.  The same principle extends to bodies of individuals (a.k.a., corporations, companies, organizations, etc.).

So the next time you decide that you need this piece of software, that album, this movie, etc. and are tempted to obtain it in a way that bypasses the means that the owner has established for obtaining it, consider that you are wearing away the fabric of civilized society, damaging your own human dignity and your right to protect it, and causing an offense to God.  If you're not okay with that, then just buy the dang thing or don't get it at all.  Yes, it might not be convenient, and it might even be hard at times, but I can assure you from personal experience that it is a much better and more fulfilling way to live.

 

Friday, May 06, 2005 2:51:10 AM (Eastern Daylight Time, UTC-04:00)  #    Disclaimer  |  Comments [26]  |  Tracked by:
"Intellectual Property Theft" (Bill's House O Insomnia) [Trackback]

Friday, May 06, 2005 9:35:55 AM (Eastern Daylight Time, UTC-04:00)
Well Said!
Friday, May 06, 2005 5:17:01 PM (Eastern Daylight Time, UTC-04:00)
I COMPLETELY Agree with the points you make. I think these are hardly victimless crimes (although I think stuff like Drugs and Prostitution, even though I don't personally engage in them, are victimless). I'm tired as hell of making money of intellectual property and having people get all f~~ked off at me b/c I won't give them free copies of stuff. "Come on man, it's not like you paid for your MSDN subscription so what's your problem." The problem is that itw as given to me to be used in a certain manner and it's not mine to 'give' out. Microsoft was nice enough to provide this MSDN subscription, I know what I'll do to say thanks, I'll help other people to steal from them.

Everyone knows it's wrong, but it's like a lot of other stuff - wrong is wrong but 'bad' is when other people do it
Monday, May 09, 2005 10:47:13 AM (Eastern Daylight Time, UTC-04:00)
We are seeing a culture war between "rich" and everyone else. Remember the last two presidential campaigns - the "rich" aren't paying enough taxes. The "rich" shouldn't get the same tax break you have.
I also believe that we see this socialist attitude in many (but not all) open source, anti-Microsoft initiatives.
Scott Miller
Thursday, May 12, 2005 11:05:36 AM (Eastern Daylight Time, UTC-04:00)
Well said. I think you have however failed to address one of the key rationalizations people use to justify theft of IP. What if you could walk into the rich person's garage and steal the Ferrari for yourself and the Ferrari is magically replaced for them at no cost to anyone? No insurance cost, no nothing. Or take it a step further. You invent a "replicator" and can walk into the garage (the owner lets you come in so you aren't even breaking and entering), point it at the Ferrari, and magically it creates a Ferrari for you too. A real honest Ferrari that can't be distinguished from the real thing. No cost to anyone except the Ferrari company who loses the $ from selling you a Ferrari you would have never bought anyway.
Unfortunately, I think that's the way many people see IP theft. Getting an MP3 via P2P seems more akin to magic than theft.
I think at some level many people don't equate IP with what they consider to be "real" property and therefore, our arguments about theft of IP make no sense to them because you can't steal something that doesn't exist in a tangible sense.
I don't agree with that reasoning at all of course, but I think it's a problem we face.
Thursday, May 12, 2005 12:16:22 PM (Eastern Daylight Time, UTC-04:00)
Amen! I can't tell you the number of times someone has offered to give me something such as an ebook or a piece of software. I look in astonishment because this guy is basically calling me a thief. By assuming that I would be the type of guy that would take possession of something illegally is a slap in my face. Then I'm the one made out to be a jerk when someone asks me for a copy of something and I refuse because it is immoral and illegal -- regardless if "no one will find out".

Thanks for writing this piece.
Thursday, May 12, 2005 12:57:40 PM (Eastern Daylight Time, UTC-04:00)
My daughter George teaches classes (in person and online) for several colleges. She has found an alarming number of research papers and essays that were extracted from content on the Internet--either in part or in whole without attribution. Apparently, some of these students say (when confronted with plagiarized material) that this is what they did in high-school and it's acceptable there so why not in college? What they're teaching in schools now must be very different than what they taught when I went to school. Thankfully, more schools (including high-schools) are requiring their students to certify original works to be free of plagiarized material. (See Plagirism.com)

Another problem we face is culture. In China and India (and many other countries) piracy rates exceed 90% because that’s “acceptable” behavior. They don’t see it as a sin or even as being illegal anymore than we see driving 65 MPH in a 55 zone. To make matters worse, the governments in these countries are doing very little to address the issue. Sure, they have widely publicized crack-downs where they confiscate literally tons of pirated media, bury in a land-fill and close the business. That afternoon, the company digs the stuff out of the dump, dusts it off and reopens. The folks at Microsoft tell me that the reason they localize to Chinese is that they still make a lot of money over there—apparently on the 10% (or less) that do pay for the software. In these countries, people (and governments) for whatever rationalization don’t think twice about stealing IP. They come to the US, Japan, Europe and elsewhere to steal ideas, manufacturing secrets, process secrets, formulas and IP and return home to build clones of these products. They make deals with American (and European) airplane manufacturers to build their plans in China so they can have Boeing train their engineers first-hand on how to steal the processes. We have seen it time and again. When we sue for patent and copyright infringements in the international courts they often lose, only to have the company disappear while the same stolen products reappear almost immediately in another guise—sold by another company.
Thursday, May 12, 2005 12:58:58 PM (Eastern Daylight Time, UTC-04:00)
There are two additional motivations I think, that are worth looking at:
1) BoogeyMan Company + MonkeyWrench Gang = Good; basically the idea is that if you can undermine the efforts of a corporation you believe morally bankrupt or inappropriate by piracy; then you may have an "higher-ground" justification.

2) Voting With Dollars = Record Company "A" has only 2 acts. Act "The Good Band" that you really like, and act "Fakey Popstar McGee" that you believe to be destroying music as we know it. For every dollar in record sales, "A" spends 45% promoting "Fakey", 5% promoting "Good", 30% on overhead/administrative, 15% on "Fakey's" cut, and "5%" on "Good's" cut... [I know these numbers make no sense, and hyperbole is bad, but I do have a point]. Should a fan of "Good":
a) Not care about "Fakey", and buy "Good's" album,
b) Vote with dollars, and abstain completely from dealing with "A" and not listen to "Good's" music except perhaps on the radio
c) Pirate "Good's" album, or some portion thereof to enjoy the music, but avoid supporting "Fakey"
...
The point being, that uderlying reality that we do Vote With Dollars, creates a number of sometimes unresolvable conflicts. While piracy may always be wrong, I'm not sure the case made above really confronts just how complex of an issue this is.

Remembering that Morality is not a 2D planar concept, but an n-dimensional mine-field, means that the truth is always at somepoint between here, and there...
Thursday, May 12, 2005 1:00:43 PM (Eastern Daylight Time, UTC-04:00)
I agree with your main point, but I would urge caution in assigning "human dignity" to corporations. Corporations are persons in law only, and even that decision may eventually need to be rethought if more corporations cannot be persuaded/enforced to behave ethically.
Thursday, May 12, 2005 1:10:08 PM (Eastern Daylight Time, UTC-04:00)
Piracy, whether the illicit copying of Software, Music, Movies or whatever, is not theft. It is Copyright infringement. "Intellectual Property" is very different from real property because it has no physical manifestation. You can steal a CD from someone, but you can only infringe the copyright of the song itself. As such, I don't condone piracy because it is illegal, but I believe you are jumping to conclusions to say that there is inherent immorality in the act of copying intellectual property.

There are many who believe that music, movies, novels and art are pieces of culture and that greater good would come from allowing people to freely copy and create derivate works from them. There is certainly some evidence to suggest this.

Copyright protection is not necessarily an inalienable right, in fact the constitution provides for copyright and patent protection "To promote the Progress of Science and useful Arts". If evidence then suggests that patents do not promote the progress of science or copyright does not promote the progress of useful Arts, then it seems the founding father's would suggest that they be abolished.
Thursday, May 12, 2005 1:47:05 PM (Eastern Daylight Time, UTC-04:00)
I couldn't agree more with this post (although the God bit was a bit much).

We are living in an era where it is becoming accepted behavior to steal IP, and unfortunately, the only people who seem to want to anything about it is Hollywood and other large media/software corporations standing to loose from piracy.

I am also in agreement with a number of the posted comments - I agree with one comment in that you cannot compare theft of IP with theft of luxury cars, because the act of "stealing" is significantly different. This is not to say that IP theft is right, just accepted because there is no apparent short-term loss to the owner. However, there is a long-term financial loss, and it is this that Hollywood is most interested in mitigating.

I believe that the rational of stealing from "the rich" because they can afford to recuperate the loss is a little inaccurate. If you speak to people that steal software, 9 out of 10 of them will tell you that they could not afford the purchase price - the same reason for most store theft. If manufacturers of media and software made the purchase price more inviting then I am willing to bet that there would be less theft of IP. Napster and Apple have already subscribed to this idea by selling downloadable music for a price that most consumers are likely to want to pay.

A classic example of business IP theft is that of Microsoft software. How many MSDN subscribers out there are using their 5 license limit of Windows 2003 in a production environment? What about the number of copies of XP on home machines that are not licensed?.. and why? Because MS charges ridiculous amounts for its software.

All being said, theft of IP is indeed very wrong. Until enough people realize this fact, and the suppliers of media/software drop their prices, it'll continue.
Thursday, May 12, 2005 1:49:20 PM (Eastern Daylight Time, UTC-04:00)
One reason for piracy is ridiculuos prices set by greedy corporations. 299$ for Windows XP - How many people from India and China can actually afford to pay this much amount and even if they did what is the return on their investment? They actually end up spending more on bandwidth to download daily Windows updates (remember Internet connectivity is still rare, dog slow and pricey at least in India). If the software was priced right and worked as advertised, people will definitely buy it. Majority of pirates do it because they can't afford to pay that unjustified sum. So the corporation is greedy about the money they could have _never_ earned.

Greed is also as bad as theft.
Thursday, May 12, 2005 1:58:45 PM (Eastern Daylight Time, UTC-04:00)
And it's just a matter of time and education - OSS will rule India and China. I bet it already does in China - The moment Chinese are not able to technically pirate Windows, they will switch to Linux. Microsoft would be silly to hope people start paying for the software if they can't pirate it - People pirate it because they can't afford it. If they can't pirate they will look for alternatives. Make the software affordable, show people the value in purchasing the genuine copy and majority of them will surely buy it.
Thursday, May 12, 2005 2:59:39 PM (Eastern Daylight Time, UTC-04:00)
Unfortunately, I don't have the time to respond to all these thoughtful comments individually. Besides which, doing so would only perpetuate the disagreement because most people make up their minds on issues like these based on issues other than reason. I'll respond to a couple, though.
1. Corporation = person. No, I didn't say that; corporations are groups of persons, so injuring a corporation is injuring a group of people.
2. The copying is not theft and art belongs to the world ideas. These, I think, are addressed by the rationale expressed above--it doesn't matter if we don't believe in personal property (in this case, "intellectual" property). The fact is that other people do, specifically, the people who created the artifacts. You should respect their belief or try to get them to change their minds, but coming up with your own arbitrary definitions of what is and is not property to justify what you're doing is only asking for trouble; it is destroying your right to demand that others respect your beliefs.

So the next time someone breaks into your home and steals your sofa, for instance, and they say, "hey, I think sofas belong to the world," you are without moral ground to stand on to demand they give it back. Similarly, the next time you spend hours, days, weeks, months, or years working on something and have someone take the idea and copy it, taking credit and any compensation you might have had, you best keep your trap shut.

The point is not to come up with metaphors for every possible situation; the point is to stress that whatever you believe in, whatever you see to be your rights, are fair game to be trampled upon if you trample upon the rights of others. And it is this condition, the reciprocal trampling of rights, that erodes human society and civilization, regardless of whether or not you believe in God.
3. It costs too much/they're greedy, so it's okay. Frankly, anyone who thinks this is a justification is grasping at straws. Software, music, etc. are not fundamental rights or essential needs that are being denied to people who can't afford them. They are, if anything, luxuries; thus, the supposed justification is self-condemning because the motivation to steal luxuries is greed itself.

Now, I realize that most people have already made up their minds on the issue based on non-rational motivations. And indeed, that is precisely why these defenses of theft are called rationalizations--they are attempts to make non-rational motivations seem rational. But ultimately, they are seeking to justify something that is inherently damaging to human civilization, which any rational person should seek to protect.
Thursday, May 12, 2005 3:03:07 PM (Eastern Daylight Time, UTC-04:00)
Oh, and I should note, I don't tolerate ad hominems, especially when they're targeted against me or my faith, so don't be surprised if your comment magically disappears if it contains one. If you are unable to sustain a dispute without resorting to personal attacks, I have no desire to dialogue with you.
Thursday, May 12, 2005 3:12:52 PM (Eastern Daylight Time, UTC-04:00)
"3. It costs too much/they're greedy, so it's okay. Frankly, anyone who thinks this is a justification is grasping at straws." Software, music, etc..... They are, if anything, luxuries; "

In my earlier post I was not condoning the theft of software and media because of the purchase price, merely stating a fact as to why people do it. I myself have recently purchased Windows XP Prof and Office 2003 and am basking in the feeling of being a legal software consumer. :)

BTW, not all software is classed as a luxury item. Lots of corporations rely on Windows 2003 and XP to run their business, but yet they are happy to rip off MS because the bill would run into thousands of $$. When it comes to real luxury items like CDs/DVDs etc, alot of people buy them because of gloss packaging and content for under $50.

You are still missing the point about IP theft being different to stealing someone's sofa. I think Mr. Slatt said it right, one is copyright infringement and the other theft of physical property. Stealing or breaking copyright - both are illegal.
Thursday, May 12, 2005 3:26:22 PM (Eastern Daylight Time, UTC-04:00)
" why these defenses of theft are called rationalizations--they are attempts to make non-rational motivations "

...hmm, isn't it perfectly possible that you're case is the rationalization. Reading the above I do see a strong emotional case for your point, but I missed the part where there was a logical proof.

"... you need to respect it out of the simple, selfish motivation that you want others to respect your own beliefs. To do otherwise is to destroy the fabric..." may be a powerful statement, but it is not necessarily a well founded logical construct.

I don't mean to be offensive, but I believe that it is critical to recognize the difference between persuasive argument, and concrete logical discourse.
Thursday, May 12, 2005 3:32:31 PM (Eastern Daylight Time, UTC-04:00)
Hi Rob,

Luxury, in the sense I used it, is something that is not needed to get along in this life. People, for the exceeding majority of human history, have gotten along fine without software, and they've managed to entertain themselves without resorting to theft. In fact, I'd wager that a lot of people still don't resort to theft.

I didn't miss Mr. Slatt's point; I addressed it in point 2 of my previous comment. You can't just go about redefining what is and is not property to suit your own purposes. That's Pandora's box, man. However, you are right in that it is difficult to come up with a tangible metaphor to bring the point across because intellectual property is by its very nature not tangible. But the point I'm making applies regardless of whether or not the property is tangible.
Thursday, May 12, 2005 3:44:03 PM (Eastern Daylight Time, UTC-04:00)
Mr. (I presume) Mayer,

I'll be the first to tell you that we are not strictly rational beings and, as such, making decisions based on non-rational motivation is not inherently a bad thing. Reason is a specter of many forms.

However, I fail to see what I'm rationalizing. I have no ulterior, non-rational motive to argue against IP theft. Even a troll can see that it would be more to my advantage, in numerous ways, not to. In addition, there are plenty of otherwise upstanding religious folk who will defend the validity of copyright infringement, so it is not, ipso facto, that I am religious that would motivate me to take this position.

No, rather, what I am doing is attempting to put reason to the service of truth for truth's sake, to elucidate what seems to me to be something that eats away at the core of human civilization, i.e., the butchery of other people's rights, even on such an abstract level as intellectual property is on.

In any case, I'm glad that you recognize that there is a difference between rhetoric and logic. :)
Thursday, May 12, 2005 3:51:42 PM (Eastern Daylight Time, UTC-04:00)
Sorry to have come off, so as to make you think this has anything to do with religion... I certainly do not have any issues on or about this subject that are in any way tied to religion.

My point is just this, without necessarily refuting or proving a point, you stated that all postions other than your own on IP are rationalizations.... I'm just saying that I'm not yet convinced of that truth.

Personally I do believe the IP is immorral, I, however, don't have a concrete foundation for that asceration .. so I could [although I hope not] be wrong.

The definitive tends to make me un-easy so from my perspective, your certaintity increases my uncertaintity [my wife hates that about me :) ]
Thursday, May 12, 2005 4:08:57 PM (Eastern Daylight Time, UTC-04:00)
Mr. Mayer,

I have, I believe, responded to the arguments made in favor of IP theft and have elaborated on my own position. My seeing them as rationalizations is also a matter of reason in that it seems to me that the motivations for IP theft can only be non-rational--they are all based in desiring and illegally obtaining luxuries that one does not have. How can that be rational?

Now, whether or not rationalization is bad is indeed a question for debate. I myself have already said that non-rational motivations are not inherently bad, so if a non-rational motivation is good, I'd suggest that rationalizing it is, at worst, neutral.

As for certainty, I long ago gave up the absolute (haha) skeptic position. It simply reduces a person to ultimate non-action, or put another way, it paralyzes you from doing or thinking anything useful. I've fallen back to thinking in terms of varying certainty. For instance, I am certain, beyond a reasonable doubt, that I am writing this to a real person, even though I have never seen you and have no other evidence that you exist beyond some comments on my blog.

To take another route, I really don't see the point of dialogue if people won't take one position or another and defend it. :) I am taking this position because it seems to me to be the truth. If I can't stand for what I see to be the truth, what's the point of bothering truth at all?
Thursday, May 12, 2005 4:14:34 PM (Eastern Daylight Time, UTC-04:00)
You seem to be assuming that Art, Writing, and Music have always been considered property and that anyone who argues otherwise is re-defining the word, but the opposite is true. It is only in the last hundred years or so that the term "Intellectual Property" was created and people started arguing that such things were property at all.

Throughout history storytellers made their living telling stories that other people had written and they had heard about, musicians made their living performing music that other people had written and they had never paid a cent for. It is from this rich tradition of sharing, borrowing and mixing that most of the great art, music and writing of the world emerged. How much art would we have lost if the first Cubist had patented the "look and feel" of Cubism? How many songs we would have lost if the first blues musician could have gotten a copywright on the basic 12-bar blues progression? Patented the concept of object inheritance? Copyrighted the bubble sort algorithm?

Now I'm not saying there should be no patents, I'm not saying their should be no Copyright, I'm DEFINITELY not saying that people should break the law and commit copyright infringement. What I am saying though, is that I think it is a mistake to assume that copyright protection and patent protection are inalienable right s that should not be questioned. They should exist, in my opinion, only in a manner that encourages science and encourages art. Right now, I think they terms of copyright are so long that they are discouraging art and innovation instead of encouraging it.
Thursday, May 12, 2005 4:21:00 PM (Eastern Daylight Time, UTC-04:00)
Either way, at least let me not forget the courtesy to thank you for the good dicussion... and you're right it's good to take a stand, and it's also good to be you're own devil's advocate [as long as it's not paralyzing]

Thanks
Thursday, May 12, 2005 4:21:00 PM (Eastern Daylight Time, UTC-04:00)
One of the problems with IP theft is defining what "theft" of IP really is. Since it is not tangible it cannot be stolen quite the same as an item that has physical form. So, technically "theft" of IP is the misuse of the product or artwork, against the wishes of the owner or artist. I think this was the point you were trying to make, whereas I was pointing out some of the reasons why people choose to ignore copyright laws.

Just for clarity, I consider the following "theft" of IP (I know that alot of people will disagree with me):

* Making a copy of any digital/analogue media, such as DVDs, CDs and compressed media files, and then distributing these copies with or without profit to others who have not purchased an original copy.

* Broadcasting audio/video media without a broadcasting license and/or broadcasting of said media without paying royalties to the original artist.

* Installing software on multiple computers than stated in the license agreement or installing said software on computers not owned by the licensee.

* Using developer licensed software in a production environment (MSDN).

* Copying, re engineering and/or repackaging of software source material without the knowledge of the original developer.

* Using shareware software after the evaluation period.

* P2P sharing of copyrighted material.

I do NOT consider the following theft of IP:

* Making backup copies of digital/analog/software media when owning a licensed original copy.

* Installing software on multiple owned computers as long as only one copy is in use at one time or multiple licenses have been purchased for each version of software in use.

* Copying and repackaging of software found in the public domain - Google, text books or free downloads of software where the source code is provided.

* Conversion of audio/video to other formats for sole use by the person owning the original licensed copy.

* Broadcasting video/audio material in the confines of property or vehicle as long as material cannot be heard outside the property or vehicle.

Thursday, May 12, 2005 4:51:08 PM (Eastern Daylight Time, UTC-04:00)
First, let me say thanks to all who have spent time sharing their thoughts. Whether or not I agree with you, I think it your time and opinions are valuable.

Mr. Garrett, let me respond very briefly by saying that I think it is simpler, though less tangible, to go with the definition that what I am calling "common theft" is the obtaining of an artifact in a way other than which the individual (or group of individuals) who are recognized as the owner-creator of the artifact have identified as an appropriate means for obtaining the artifact. For more tangible terms, read the license agreement.

Mr. Slatt, it wasn't until the last few centuries that, first of all, mass copying was an option. With the advent of the printing press, it became possible to do this and thus make works of literature available at prices which the masses could afford. Further, it wasn't until this last century (or maybe two) that literacy became more common than illiteracy in the developed world. So the issues surrounding copyright, of literature anyways, didn't really come to a head until it became necessary.

Similarly, other works of art were not able to be copied and distributed to the masses until even later, with the advent of recording media and, later, media that lend themselves to easy copying (i.e., digital media). Further, technology in the last century or so has gradually made life in the developed world one in which leisure and luxury play a great part. So again, these issues did not exist because they are the result of technological innovation and increased affluence that did not exist until recently in human history.

Prior to this, works of art, even literature, were largely the realm of the elite, those who could afford them, enjoy them, and patronize them despite the lack of modern advances. So copyright issues and intellectual property were not so much an issue because those who appreciated them could afford to have them made without resorting to copying. And as for folk music and art, such as the stories you cite, well, those are still not the matter of copyright laws precisely because they originate from the "folk" not from a specific individual or group of individuals who can be recognized as the legitimate owner-creator. Or at the very least, those individuals are long since dead and left no record as to how they wished their creations to be used.

Of course, I'm generalizing--we have to when spanning all of human history, but the point is simply that the fact that IP issues didn't crop up until recently does not imply that creator-owners are not entitled to protect their rights to what they create. The core issue still revolves around whether or not it is right to obtain something that is not of your own creation in a fashion that offends the wishes of the creators, those who have the right to say how their creations can be distributed and used.

And as for the question of whether or not current copyright laws stifle creativity, well, I can't really speak to that, but it certainly doesn't justify theft, at least not as I see it.
Friday, May 13, 2005 12:25:26 PM (Eastern Daylight Time, UTC-04:00)
What makes you think that the people in China and India can't afford to pay for their software? Their population is not a sea of people on small boats floating in Hong Kong harbor or peasant farmers. Their population is as diverse as ours--there are plenty of poor, rich and those inbetween. They are buying consumer goods as quickly as they can make them--often knock offs of those goods designed elsewhere. They can afford to pay what we pay--especially if they let their currency float.
Saturday, June 18, 2005 11:12:42 PM (Eastern Daylight Time, UTC-04:00)
The theft analogy is flawed when discussing IP. I wrote a bit about this a few years ago: http://slashstar.com/blogs/tim/archive/2003/09/18/309.aspx
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